The Delhi High Court's December 2025 judgment on the one-year separation requirement under Section 13B — what it means, when it applies, and why it is not a routine remedy — by Advocate Gaurav Rohilla, New Delhi.
Most people know that the 6-month cooling-off period between the First and Second Motion in a mutual divorce can be waived by the court in appropriate cases — the Supreme Court confirmed this in Amardeep Singh v. Harveen Kaur (2017). However, a less discussed but equally important question is whether the one-year minimum separation period required before filing the mutual divorce petition can itself be waived or relaxed. A December 2025 Delhi High Court judgment has opened a cautious door to this question.
Important Legal Caution
The one-year separation waiver is NOT a routine remedy. It applies in exceptional circumstances only. Courts exercise this discretion sparingly. Do not approach this as a standard option — consult your advocate to assess whether your specific facts qualify.
Section 13B(1) of the Hindu Marriage Act 1955 says that spouses presenting a mutual-consent petition must have been living separately for one year or more. Section 14(1) ordinarily prevents a divorce petition from being presented within one year of marriage, subject to its proviso.
The Supreme Court's decision in Amardeep Singh v. Harveen Kaur (2017) concerns the separate six-month interval in Section 13B(2). The December 2025 Delhi High Court Full Bench decision addresses how the proviso to Section 14(1) may be used in an appropriate Section 13B matter.
In Shiksha Kumari v. Santosh Kumar, MAT.APP.(F.C.) 111/2025, delivered on 17 December 2025, a three-judge Full Bench held that the one-year period under Section 13B(1) may be waived by applying the proviso to Section 14(1). The judgment did not describe waiver as automatic or available on request. Its conclusions include:
The judgment says waiver is not to be granted merely for the asking. The court may examine factors including:
| Feature | 6-Month Cooling-Off Waiver | One-Year Separation Waiver |
|---|---|---|
| Legal basis | Section 13B(2) HMA, as interpreted in Amardeep Singh | Section 13B(1) read with the proviso to Section 14(1), as explained in Shiksha Kumari |
| Supreme Court sanction | Expressly approved in Amardeep Singh 2017 | Not yet ruled on by Supreme Court |
| How decided | Discretionary, after considering the facts and settlement | Exceptional and discretionary |
| Primary condition | The court applies the governing waiver factors | Exceptional hardship and/or exceptional depravity, plus the Pooja Gupta considerations |
| Practical position | Established Supreme Court authority | Delhi High Court Full Bench authority; territorial and later-appellate developments should be checked |
If you have been married for less than one year and wish to file for mutual divorce, the options are:
Amardeep Singh (2017) dealt with the six-month period in Section 13B(2). The Full Bench in Shiksha Kumari recorded that no Supreme Court decision overruling the relevant Delhi line of authority or laying down a contrary rule had been brought to its notice. Before relying on the judgment, current Supreme Court and territorial High Court developments should be checked.
The ordinary rule requires the statutory periods to be completed. The Delhi High Court Full Bench in Shiksha Kumari v. Santosh Kumar held that the one-year period may be waived through the proviso to Section 14(1), but only where the court is satisfied that exceptional hardship or exceptional depravity exists and the other relevant safeguards are met. The result is discretionary and fact-specific.
Section 13B(1) refers to living separately for one year or more. Section 14(1) ordinarily prevents presentation of a divorce petition within one year of marriage. The Full Bench explained how the Section 14(1) proviso may operate in an appropriate Section 13B matter. The provisions address related but distinct requirements.
If the spouses never lived together as husband and wife, the claimed date of separation may begin at or near the date of marriage, depending on the evidence and facts. Whether the statutory requirement is met or a waiver application is needed is for the court to decide.
Advocate Gaurav Rohilla provides confidential case assessment and strategic legal guidance from Patiala House Courts, New Delhi.
Whether this ruling helps your matter depends on your separation facts and filing position.
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